Common Construction Defect Disputes in Colorado and How to Handle Them

Construction projects are complex, involving numerous parties, tight deadlines, and strict compliance with building codes. Unfortunately, even well-intentioned projects sometimes result in construction defects. In Colorado, construction defect disputes are common and can be costly for both property owners and contractors. Whether you're a homeowner, builder, HOA, or subcontractor, it's essential to understand your rights, the types of defects that arise, and how a Colorado law firm can help protect your interests.

What Is a Construction Defect?

A construction defect is any flaw in the design, materials, or workmanship of a building that reduces its value, safety, or usability. These defects can be obvious, like a cracked foundation, or hidden, such as mold behind a wall caused by improper sealing. Under Colorado law, construction defects can give rise to legal action if they result in actual damage or violate a construction contract, building code, or warranty.

Types of Construction Defect Disputes in Colorado

Several types of defects are commonly cited in disputes throughout Colorado. Here are the most frequent categories:

1. Structural Defects

These involve the integrity of the building itself—foundation cracks, framing errors, or issues with load-bearing walls. These defects often surface over time and may compromise safety or violate local building codes.

2. Water Intrusion and Drainage Problems

Poor waterproofing, improper grading, or faulty installation of windows, siding, or roofing can lead to water damage. Colorado’s freeze-thaw cycles make this a particularly common problem, especially in mountain or high-altitude regions.

3. HVAC, Electrical, and Plumbing Deficiencies

Faulty installations in mechanical systems often lead to utility failures, leaks, fires, or health hazards. These issues can be caused by code violations or negligent work by subcontractors.

4. Soil and Foundation Movement

Expansive soils are prevalent in Colorado. If builders fail to account for soil conditions during site prep and foundation installation, the result can be cracked slabs, shifting walls, or sinking structures.

5. Roofing Defects

Improper installation, poor materials, or failure to meet local code can cause leaks, energy inefficiency, or premature wear. Roofing problems are often part of larger water intrusion disputes.

6. Design or Architectural Errors

Defects arising from flawed blueprints or engineering miscalculations can lead to improper drainage, insufficient ventilation, or other systemic failures that affect the building’s performance.

Who Can Be Held Liable in Colorado?

Construction defect claims often involve multiple parties. Under Colorado law, liability can extend to:

General contractors

Subcontractors

Architects and engineers

Developers

Material suppliers

Builders

Often, disputes center around whether the responsible party failed to meet professional standards, violated a contract, or ignored applicable building codes. A Colorado law firm with experience in construction litigation can help investigate liability and bring appropriate claims.

The Colorado Construction Defect Action Reform Act (CDARA)

Colorado has a specific set of statutes governing how and when construction defect claims can be made. The Construction Defect Action Reform Act (CDARA) was enacted to provide fairness to builders while still allowing legitimate claims.

Key provisions of CDARA include:

Notice of Claim Requirement: Before filing a lawsuit, a homeowner or HOA must serve written notice to the alleged wrongdoer, giving them a chance to inspect the property and offer to repair or settle.

Statute of Limitations: Generally, claimants must file a lawsuit within two years of discovering the defect—but no later than six years after substantial completion of the project (with some exceptions for latent defects).

Opportunity to Cure: Builders have a right to attempt repairs before litigation proceeds, which can affect both the timeline and strategy of a case.

Navigating CDARA’s pre-litigation steps can be complex. Working with a knowledgeable Colorado law firm ensures compliance and preserves your right to sue if necessary.

How to Handle Construction Defect Disputes in Colorado

1. Document the Problem Thoroughly

Take photos, save repair estimates, and gather any communication with contractors. The more evidence you have, the easier it is to prove that a defect exists and caused damages.

2. Review Contracts and Warranties

Many builder contracts include warranties or limitations on liability. A lawyer can help interpret these clauses and determine whether you still have a valid claim.

3. Hire an Independent Expert

Construction defect claims often require expert reports to establish what went wrong and who is responsible. Structural engineers, inspectors, and contractors may all be involved in this stage.

4. Serve a Notice of Claim

This is the first formal step required by CDARA. The notice must clearly describe the alleged defect and be delivered to all potentially liable parties. Missing this step can delay or derail your case.

5. Negotiate or Mediate

Many construction disputes are resolved out of court through mediation or settlement negotiations. This can save time and legal costs—if handled properly. An experienced Colorado law firm can represent your interests in these discussions and push for a fair resolution.

6. File a Lawsuit if Necessary

If settlement fails or the repairs are unsatisfactory, litigation may be necessary. Your attorney will file a formal complaint, present expert testimony, and advocate for damages in court.

Damages You Can Recover

In a successful construction defect case, plaintiffs may recover:

Repair costs

Diminished property value

Temporary housing expenses

Attorney’s fees (in some cases)

Consequential damages (e.g., mold remediation, property loss)

Why You Need a Colorado Law Firm

Construction litigation is technical, time-sensitive, and often involves powerful opponents with insurance company backing. A dedicated Colorado law firm brings legal experience, engineering contacts, and courtroom credibility to your case. Whether you're filing a claim or defending against one, having legal counsel on your side improves your chances of a favorable outcome.

Conclusion

Construction defect disputes are a serious issue for homeowners and builders alike in Colorado. The unique challenges of our climate, soil, and legal system make it essential to act quickly, document issues thoroughly, and work with the right professionals.

If you believe you're facing a construction defect, don’t wait. A skilled Colorado law firm can help you understand your rights, comply with state laws like CDARA, and pursue the compensation or repairs you deserve. Contact an attorney today to discuss your situation before critical deadlines pass.